Legal Question in Wills and Trusts in North Carolina

My friend's mother past away in Jan. without a will. It is only him and his sister. He went to the court house and file Admin. of the Estate. Since then debits totaling about $45,000 she owed were filed and the house she still owed $18,000 on went up for sale by him. It is under a 6 month contract and being sold for $79,000. He has been making payments and keeping up the bills on the house. Here is his question: If the house doesn't not sell, he would like to buy out his sister (minus any debts owned and money he has spent) and keep the house.

If that happens, how does the debts filed get taken care of? Who is then responsible for it?


Asked on 5/14/12, 5:22 pm

1 Answer from Attorneys

He can't keep the assets and not pay the bills. He either needs to sell the house or find a way to put enough money in the estate to cover the bills.

My advice is that your friend really should hire an attorney to assist him with probate of the estate.

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Answered on 5/18/12, 2:25 pm


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